FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Toma & Doyle (No 2) [2023] FedCFamC1F 477
File number(s): SYC 2425 of 2020 Judgment of: STRUM J Date of judgment: 16 June 2023 Catchwords: FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – JOINDER – Where the wife seeks to join 15 further respondents – s 90AE and s 90AF of the Family Law Act 1975 (Cth) (“Act”) – Discussion of r 3.01 of Federal Circuit and Family Court of Australia (Family Law) Rules 2021 – Whether third parties’ rights may be directly affected – Whether participation necessary – Whether s 90AE and s 90AF may be invoked after s 79 proceedings completed – Joinder of one further respondent ordered – Joinder of other proposed respondents disallowed because their participation only possibly necessary. Legislation: Family Law Act 1975 (Cth) ss 4(1)(f), 79, Pt VIIIAA 90AE, 90AF, 114
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 2.22, 3.01, 3.03, 3.03, 6.06, 11.01, 11.07, 11.1.4, 11.32
Cases cited: Arnold & Arnold [2021] FamCA 226
B Pty Ltd and Ors & K and Anor (2008) FLC 93-380; [2008] FamCAFC 113
Barro & Barro (1983) FLC 91-300; [1982] FamCA 77
Gould & Gould & Swire Investments Ltd (1993) FLC 92-434; [1993] FamCA 126
John Alexander’s Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1; [2010] HCA 19
Jordan & Sutton (No 2) [2022] FedCFamC1F 850
Pencious & Pencious [2010] FamCA 605
Wayne & Dillon and Anor [2008] FamCAFC 204
XYZ Pty Ltd and Anor & Charisteas and Ors; ABC Pty Ltd & Charisteas and Ors (2017) FLC 93-782; [2017] FamCAFC 112
Division: Division 1 First Instance Number of paragraphs: 77 Date of hearing: 7 June 2023 Place: Sydney Counsel for the Applicant: Mr T North SC Solicitor for the Applicant: Dorter Family Lawyers and Mediators Counsel for the Respondent: Mr R Dick SC with Mr N Ford Solicitor for the Respondent: Clinch Long Woodbridge Lawyers Counsel for the Proposed Second Respondent: Mr D Roche with Mr S Thomson Solicitor for the Proposed Second Respondent: Clayton Utz The Proposed Third to Sixteenth Respondents No appearance ORDERS
SYC 2425 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS TOMA
Applicant
AND: MR DOYLE
Respondent
order made by:
STRUM J
DATE OF ORDER:
16 June 2023
THE COURT ORDERS THAT:
1.Q Pty Ltd in its capacity as trustee for the S Share Trust Deed be joined as a second respondent to the proceeding.
2.The applicant’s Application in a Proceeding filed on 15 May 2023 and the Responses thereto of the first and second respondents otherwise be dismissed.
3.The second respondent file a Notice of Address for Service within 7 days.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court…
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